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(영문) 제주지방법원 2016.10.07 2016고정56
재물손괴등
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. At Jeju City, a summary of the facts charged, the victim D's building (including land) and E-mixed F's hotel are suspended.

The victim is the first mortgagee who applied for auction at the construction site of the E-Contacdo.

The auction at the construction site has been awarded a successful bid at G hotel, but the auction price has not been paid.

The defendant H is a G hotel auditor.

G hotel side was a plan to pay auction proceeds with loans from bank bills as security at the construction site of Econdo.

Accordingly, the Defendant began construction upon receiving delegation from Econdo owner F to the construction site.

At the time of the proposal of damage to property, a warning was attached to the entrance of land owned by the victim in C to prohibit access to the land, and there was a ban on access to others by using the hack pipe and wire ropes.

At around 12:00 on May 13, 2015, the Defendant arbitrarily dismantled the warning and the system of prohibiting entry and exit installed at the entrance of the victim’s land.

Accordingly, the defendant dissatisfing the victim's warning and entry system to the effect of the dissatisfing.

B. The Defendant: (a) opened a entrance for the purpose of using the victim’s building at the time and place set forth in “A”; and (b) entered the entrance.

Accordingly, the defendant invadedd the victim's structure without permission.

2. The following circumstances revealed by the record of judgment, namely, ① the land in Jeju-si, the victim owned, there is a construction site where one building owned by the victim (hereinafter “the building in this case”) and Econdo (hereinafter “owner F) have been suspended while constructing a new hotel. G hotel in fact owned by the defendant is awarded a successful contract for the above hotel construction site, but the defendant was not paid an auction price, and ② upon introduction by J, he received a delegation from the above F for the above construction site, and ② the pel was awarded a contract for the pelle construction among the above new hotel construction works from the defendant.

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